Legal Opinion
Weingarten v. Town of Lewisboro
New York Court of Appeals
Decided April 4, 1991PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, with costs, by dismissing the complaint.
Plaintiff developers’ declaratory judgment action challenges the constitutionality of a statute and regulation allowing defendant’s Planning Board to require a $5,000 per lot recreation fee as a condition of subdivision approval. While acknowledging that some fee may be exacted, plaintiffs claim that the amount of the fee is unconstitutional because it lacks a close nexus to the legitimate governmental interest of providing recreational facilities. In that no such fee…
2Cases cited5 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Bayswater Realty & Capital Corp. v. Planning BoardNew York Court of Appeals · 1990
3Cited by18 opinions
- Matter of Greenberg v. Assessor of Town of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2014
- New York Blue Line Council, Inc. v. Adirondak Park AgencyAppellate Division of the Supreme Court of the State of New York · 2011
- Ashley Builders Corp. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2007
- Amodeo v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Matter of Arcamone-Makinano v. PerlmutterAppellate Division of the Supreme Court of the State of New York · 2021
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